2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Senators Wanggaard, L. Taylor, Darling,
Cowles, Feyen, Jacque and Roys, cosponsored by Representatives Spiros,
Armstrong, Brandtjen, Brooks, Cabrera, Moses, Rozar, Thiesfeldt and
Wichgers. Referred to Committee on Judiciary and Public Safety.
SB123,1,4 1An Act to renumber 165.845 (1) (intro.), (b) and (c); to renumber and amend
2165.845 (1) (a); to amend 165.845 (title) and 165.845 (2); and to create 165.845
3(1g), 165.845 (1r) (a) 2. and 165.845 (1r) (d) of the statutes; relating to:
4reporting of law enforcement use of force incidents.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Justice to collect certain information
concerning criminal offenses committed in Wisconsin. This bill requires DOJ to
collect data and publish an annual report on law enforcement use of force incidents,
including incidents where there was a shooting, where a firearm was discharged in
the direction of a person (even if there was no injury), and where other serious bodily
harm resulted from the incident. The bill requires certain demographic information
to be collected about each such incident, and reported annually by DOJ on its
Internet site.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB123,1 5Section 1. 165.845 (title) of the statutes is amended to read:
1165.845 (title) Collect Collection and reporting of crime data.
SB123,2 2Section 2 . 165.845 (1) (intro.), (b) and (c) of the statutes are renumbered
3165.845 (1r) (intro.), (b) and (c).
SB123,3 4Section 3 . 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.)
5and amended to read:
SB123,2,116 165.845 (1r) (a) (intro.) Collect information concerning the number and nature
7of offenses known to have been committed in this state and such other information
8as may be useful in the study of crime and the administration of justice. The
9department of justice may determine any other information to be obtained regarding
10crime and justice system statistics. The information shall include data all of the
SB123,2,13 121. Data requested by the federal bureau of investigation under its system of
13uniform crime reports incident-based reporting for the United States.
SB123,4 14Section 4 . 165.845 (1g) of the statutes is created to read:
SB123,2,1615 165.845 (1g) In this section, “serious bodily harm” has the meaning given in
16s. 969.001 (2).
SB123,5 17Section 5 . 165.845 (1r) (a) 2. of the statutes is created to read:
SB123,3,218 165.845 (1r) (a) 2. For any incident involving the shooting of a civilian by a law
19enforcement officer or the shooting of a law enforcement officer by a civilian; any
20incident involving the discharge of a firearm by a law enforcement officer at or in the
21direction of a civilian or the discharge of a firearm by a civilian at or in the direction
22of a law enforcement officer; and any incident in which an action taken by a law
23enforcement officer as a response to an act of resistance results in serious bodily
24harm or death or in which an act of resistance taken by a civilian against a law

1enforcement officer results in serious bodily harm or death, all of the following
SB123,3,43 a. The gender, race, ethnicity, and age of each person who was shot at, injured,
4or killed.
SB123,3,55 b. The date, time, and location of the incident.
SB123,3,76 c. Whether any civilian involved in the incident was armed and, if he or she was
7armed, the type of weapon that the civilian had.
SB123,3,108 d. The type of resistance used against the law enforcement officer by the
9civilian, the type of action taken in response by the officer, and if applicable, the types
10of weapons used.
SB123,3,1111 e. The number of law enforcement officers involved in the incident.
SB123,3,1212 f. The number of civilians involved in the incident.
SB123,3,1413 g. A brief description regarding the circumstances surrounding the incident,
14including perceptions on behavior or mental disorders.
SB123,6 15Section 6. 165.845 (1r) (d) of the statutes is created to read:
SB123,3,2016 165.845 (1r) (d) Publish an annual report using the information collected
17under par. (a) 2. The reports may be published electronically on the department's
18Internet site in an interactive format and shall include, at a minimum, all
19information that is reported to the department by local law enforcement agencies
20under par. (a) 2.
SB123,7 21Section 7 . 165.845 (2) of the statutes is amended to read:
SB123,4,322 165.845 (2) All persons in charge of law enforcement agencies and other
23criminal and juvenile justice system agencies shall supply the department of justice
24with the information described in sub. (1) (1r) (a) on the basis of the forms or
25instructions or both to be supplied by the department under sub. (1) (1r) (a). The

1department may conduct an audit to determine the accuracy of the data and other
2information it receives from law enforcement agencies and other criminal and
3juvenile justice system agencies.
SB123,4,44 (End)